Michael Best Partner José Olivieri was quoted in Inside Higher Ed’s article, “What the DeVos Title IX Rule Means for Misconduct Off Campus” on November 27, 2018.
Most colleges and higher ed associations in Washington have had little to say about the proposed rule so far. And the lawyers tasked with explaining federal statute and regulations to institutions are still unclear about the implications for many of the provisions in the proposed rule.
Jose Olivieri, a Milwaukee-based lawyer, said the proposed rule will require more scrutiny and more explanation from the department. But he said some off-campus misconduct incidents that affect on-campus learning may not qualify as Title IX issues under the rule.
"I think they did make a change there that might eliminate coverage in some situations," he said.
That may not mean colleges rush to change the campus misconduct policies they use to investigate misconduct, though. Melissa Carleton, another lawyer who advises higher ed institutions, said when colleges do change policies, it is typically a consensus-building process.
To read the entire Inside Higher Ed article, click here.